Smart Phone Apps, Policy Issues and Potential Pitfalls for University Technology Managers
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Transcript of Smart Phone Apps, Policy Issues and Potential Pitfalls for University Technology Managers
Gregory W. RobinetteAUTM Central Region Meeting 2011
Smart Phone Apps
Policy Issues and
Potential Pitfalls for University Technology Managers
Gregory W. RobinetteAUTM Central Region Meeting 2011
• IP Protection Possibilities• Issues and Potential Pitfalls• Patent Policy• Copyright Policy• Trademark Policy• Issues and Scenarios for Technology
Managers
Agenda
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Utility Patent – Method
• Design Patent – Smart Phone Icons• Copyright – Computer Programs and
Screen Displays• Trademark – Icon
Intellectual Property Protection
Possibilities for Smart Phone Apps
Gregory W. RobinetteAUTM Central Region Meeting 2011
U.S. Patent No. 7,930,283
Gregory W. RobinetteAUTM Central Region Meeting 2011
U.S. Patent No. D628,590
Gregory W. RobinetteAUTM Central Region Meeting 2011
Copyright Registration
Green Rewards & Affinity LLC
• Computer Program (may include a videogame)• Title: iMagnify® - Hospitality Software. • Description of Work :
Software program designed to run on a smartphone … a handy utility to allow people who forget their reading glasses to still read the fine print when traveling, in restaurants, in supermarkets, squinting at stock tables, newsprint, stamps, coins etc. The software controls the built-in camera of the smartphone to magnify the image for easier reading on the screen.
Gregory W. RobinetteAUTM Central Region Meeting 2011
Trademark Registration
• Registered: December 7, 2010 • Owner: Apple Inc.
®
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Evolving Area of Law and Policy• Do Current Policies Address Smart Phone Apps?
– Do They Need To?
• Example 1: IP Policy Applies to "Creators" Defined as "Any Persons Who Create Intellectual Property Using University Resources."
• Example 2: – Patent Policy Dictated by State Law. – Copyright Policy Applies Only to Faculty and Employees.– No Trademark Policy.
Issues and Potential Pitfalls for Technology
Managers
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Does state law direct policy?• Example: in Ohio, ORC 3345.14:
All rights to and interests in discoveries, inventions, or patents which result from research or investigation conducted in any experiment station, bureau, laboratory, research facility, or other facility of any state college or university, or by employees of any state college or university acting within the scope of their employment or with funding, equipment, or infrastructure provided by or through any state college or university, shall be the sole property of that college or university. …[N]o faculty member, employee, or student of such college or university participating in or making such discoveries or inventions, shall have any rights to or interests in such discoveries or inventions…
Patent Policy
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Survey of Policies Reveal Language Broadly Enough Written to Cover Any Patentable Subject Matter.
• Example 1: Patentable Intellectual Property: “Inventions, discoveries, and manufacturing designs that have been reduced to practice, and are novel, useful, and non-obvious, and therefore likely to be subject to protection under United States patent law."
• Example 2: “Discoveries, inventions, or patents that result from research…"
Patent Policy – continued
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Policies Vary With Goals and Objectives of Universities.• Example 1:
– Applies to all persons using University resources.– Original works of authorship that have been fixed in a tangible
medium of expression, including books, articles, artwork, music, software, traditional or electronic correspondence, and on-line instructional materials.
• Example 2: – Specifically excludes students & software from policy.– Copyrightable material includes: employee-authored books,
journal articles, research studies, musical works, syllabi, distance learning courses, workbooks, examinations, tests, lectures, lecture notes and power point slides.
Copyright Policy
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Policies Vary With Goals and Objectives of Universities.– Example 1: University owns all right, title, and
interest in the Trademark.– Example 2: University IP policy does not
address Trademarks.
Trademark Policy
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Do Current Policies Address Smart Phone Apps?– Do They Need To?– Consider:
• Utility Patent – Software• Design Patent – Smart phone icons• Copyright – Computer Programs and Screen
Displays• Trademark – Icon
Issues & Scenarios
Gregory W. RobinetteAUTM Central Region Meeting 2011
• If not Prescribed by State Law, Should Students be Included in the University Patent Policy?
• Should Students be Included in the University Copyright and/or Trademark Policy?
Issues & Scenarios
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Consider Scenarios:– Employee develops Smart Phone App within Scope of
Employment.– Student develops Smart Phone App using University-
owned facilities.– Student develops Smart Phone App without using
University-owned facilities.– Student develops Smart Phone App as a class
assignment– App is created as a joint work by a student and a
faculty member.
Issues & Scenarios
Gregory W. RobinetteAUTM Central Region Meeting 2011
• Infringement Issues– Copyright and/or Trademark infringement of
student and/or faculty developed App/Icon:• Who investigates?
– Does Putative Original App Infringe the Work of Another?• Code, Icons, Screen Images• Who investigates?
• Revenues from Advertising
Issues & Scenarios